The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about parking restrictions. This is because we cannot achieve the outcome he seeks, and an investigation would not lead to a different outcome.
The complaint
Mr X complains about the Council’s decision to implement parking restrictions on the road where he lives. Mr X wants the decision to be reversed.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council considered a request for changes to parking restrictions in Mr X’s road. The Council subsequently applied to the County Council for a Traffic Regulation Order (TRO) which was agreed and the changes implemented.
In responding to Mr X’s complaint, the Council said that the TRO could not be rescinded but it did offer to carry out a review of the parking restrictions during which it would consult with residents then decide if any changes to restrictions needed to be made.
I will not investigate Mr X’s complaint. We could not achieve the outcome Mr X seeks which is for the TRO to be rescinded. This is because it was implemented by the County Council. Even if we were to find fault with how the Borough Council considered the matter, we could not recommend a different council take action.
Investigation would also not lead to a different outcome. The Council has offered to review the restrictions in place, consulting with residents. Investigation by the Ombudsman would not be able to achieve anything more than what has been offered by the Council.
Final decision
We will not investigate Mr X’s complaint because we cannot achieve the outcome he seeks, and an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman